Bill Text: HI HB2453 | 2024 | Regular Session | Amended
Bill Title: Relating To Water Infrastructure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-04-24 - The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 3 Aye(s): Senator(s) San Buenaventura, Lee, Rhoads; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. [HB2453 Detail]
Download: Hawaii-2024-HB2453-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2453 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO WATER INFRASTRUCTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The
legislature finds that the quality
of the environment and the economy of the State are both of utmost
importance to the welfare of the people
of Hawaii. The legislature, in concert with the United States Environmental Protection Agency and the United
States Congress, finds that there
is increasing demand for the replacement of aging drinking
water and wastewater system infrastructure in the State, the delay
of which could pose short-term and long-term health hazards for consumers statewide.
The legislature further finds that the drinking
water treatment revolving
loan fund and the water
pollution control revolving fund have been administered by the department of health in ways that manage yearly capitalization grants
received from the United
States Environmental Protection Agency, but not to the maximum
extent allowed under the Safe Drinking Water
Act (P.L. 93-523), preventing the construction of health-protective infrastructure projects in Hawaii.
The legislature additionally finds that the incorporation
of capitalization grant
transfer authority between
the drinking water treatment revolving loan fund and the water
pollution control revolving fund programs, as currently allowed
under title 40 Code of Federal Regulations section 35.3530(c), can greatly assist the two programs with additional
planning and priority setting; maximizing of the two infrastructure funding
programs by directing federal funds where
they are most needed; and ensuring that annual
federal capitalization grant moneys
awarded to the two programs
will be disbursed as quickly
as possible.
The restoration of Lahaina and other communities impacted by
wildfires or other natural disasters would benefit from the ability to utilize
the transfer authority between the programs to replace or repair drinking
water, wastewater, or stormwater infrastructure.
Accordingly, the purpose of this Act is to authorize the
governor, or a state official acting pursuant to authorization from the governor,
to transfer federal capitalization grant funds in accordance with federal law.
PART II
SECTION 2. Chapter 340E, Hawaii Revised
Statutes, is amended by adding
a new section to part III to be appropriately designated and to read as follows:
"§340E- Drinking water treatment revolving loan fund; transfers. The governor, or a state official acting pursuant to authorization from the
governor, may transfer
an amount up to or equal to thirty-three per cent, calculated on the basis of a fiscal year's drinking water treatment revolving loan fund capitalization grant amount
from the drinking water treatment revolving loan fund to the water pollution control revolving fund established under section 342D-83,
or an equivalent dollar amount
from the water
pollution control revolving fund to the drinking water treatment revolving loan fund established under section 340E-35.
The following conditions shall apply:
(1) When the State initially decides to transfer funds pursuant to this section:
(A) The attorney
general, or an individual designated by the attorney general,
shall have signed or concurred in a certification for the drinking water
treatment revolving loan fund and water pollution control revolving fund that state law permits the State to
transfer funds; and
(B) The operating agreements or other parts of the capitalization grant agreements for the drinking
water treatment revolving loan fund and water
pollution control revolving fund shall be amended to detail the method the
State shall use to transfer
funds;
(2) The State shall not use the transfer provision to acquire state match for either fund or use transferred funds to secure or repay state match bonds;
(3) The State
may reserve fund amounts for transfer in future years pursuant to requirements
under federal law; and
(4) Funds may be transferred on a net basis between the drinking water treatment revolving loan fund and water pollution control
revolving fund; provided
that the thirty-three per cent transfer
allowance associated with
drinking water treatment revolving loan fund capitalization grants
received is not exceeded."
SECTION 3.
Chapter 342D, Hawaii
Revised Statutes, is amended by adding
a new section to part V to
be appropriately designated and to read as follows:
"§342D-
Water pollution control revolving fund; transfers. The governor,
or a state official acting pursuant to authorization from the governor, may transfer
an amount up to or equal to thirty-three per cent, calculated on the
basis of a fiscal year's
drinking water treatment revolving loan fund capitalization grant amount, from the water pollution control
revolving fund to the drinking water treatment revolving loan fund established under section 340E-35, or an equivalent dollar amount from the drinking
water treatment revolving loan fund to the water pollution control revolving fund established under section 342D-83.
The following conditions shal1 apply:
(1) When the State
initially decides to transfer funds pursuant to this section:
(A) The attorney general,
or an individual designated by the attorney general,
shall have signed or concurred in a certification for the drinking water
treatment revolving loan fund and water pollution control revolving fund that
state law permits the State to transfer funds; and
(B) The operating
agreements or other parts of the capitalization grant agreements for the
drinking water treatment revolving loan fund and water pollution control
revolving fund
shall be amended to detail
the method the State shall use to transfer funds;
(2) The State shall not use the transfer provision
to acquire state match for either fund or use transferred funds to secure or
repay state match bonds;
(3) The State may reserve
fund amounts for transfer in future years pursuant to requirements under federal
law; and
(4) Funds may be transferred on a net basis between the water pollution
control revolving fund and drinking water treatment revolving loan fund; provided that the thirty-three per cent transfer allowance associated with drinking water treatment revolving
loan fund capitalization grants received is not exceeded."
PART III
SECTION
4. The department of health shall submit
to the legislature a report on all transfers between the water pollution
control revolving fund and drinking water treatment revolving loan fund no
later than twenty days prior to the convening of the Regular Session of 2025.
PART IV
SECTION 5. New statutory material
is underscored.
SECTION 6. This Act shall take effect on July 1, 2024.
Report Title:
DOH; Drinking Water Treatment Revolving Loan Fund; Water Pollution Control Revolving Fund; Transfers
Description:
Authorizes the Governor, or a state official with authorization from the Governor, to transfer federal capitalization grant funds between the Water Pollution Control Revolving Fund and the Drinking Water Treatment Revolving Loan Fund, in accordance with Title 40 Code of Federal Regulations section 35.3530(c). Requires the Department of Health to submit a report to the Legislature on transfers between the Drinking Water Treatment Revolving Loan Fund and Water Pollution Control Revolving Fund. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
